103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2888 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: 5 ILCS 140/2 from Ch. 116, par. 202 5 ILCS 140/7 Amends the Freedom of Information Act. Modifies the definition of "private information" by providing that medical records include electronic medical records and the information contained within or extracted from an electronic medical records system operated or maintained by a Health Insurance Portability and Accountability Act covered entity. Exempts from disclosure all protected health information that may be contained within or extracted from any record held by a covered entity, including information that alone or compiled or under circumstances in which the patient information combined with other information could allow for patient identification, in compliance with the Health Insurance Portability and Accountability Act. LRB103 26149 AWJ 52506 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2888 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: 5 ILCS 140/2 from Ch. 116, par. 202 5 ILCS 140/7 5 ILCS 140/2 from Ch. 116, par. 202 5 ILCS 140/7 Amends the Freedom of Information Act. Modifies the definition of "private information" by providing that medical records include electronic medical records and the information contained within or extracted from an electronic medical records system operated or maintained by a Health Insurance Portability and Accountability Act covered entity. Exempts from disclosure all protected health information that may be contained within or extracted from any record held by a covered entity, including information that alone or compiled or under circumstances in which the patient information combined with other information could allow for patient identification, in compliance with the Health Insurance Portability and Accountability Act. LRB103 26149 AWJ 52506 b LRB103 26149 AWJ 52506 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2888 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: 5 ILCS 140/2 from Ch. 116, par. 202 5 ILCS 140/7 5 ILCS 140/2 from Ch. 116, par. 202 5 ILCS 140/7 5 ILCS 140/2 from Ch. 116, par. 202 5 ILCS 140/7 Amends the Freedom of Information Act. Modifies the definition of "private information" by providing that medical records include electronic medical records and the information contained within or extracted from an electronic medical records system operated or maintained by a Health Insurance Portability and Accountability Act covered entity. Exempts from disclosure all protected health information that may be contained within or extracted from any record held by a covered entity, including information that alone or compiled or under circumstances in which the patient information combined with other information could allow for patient identification, in compliance with the Health Insurance Portability and Accountability Act. LRB103 26149 AWJ 52506 b LRB103 26149 AWJ 52506 b LRB103 26149 AWJ 52506 b A BILL FOR HB2888LRB103 26149 AWJ 52506 b HB2888 LRB103 26149 AWJ 52506 b HB2888 LRB103 26149 AWJ 52506 b 1 AN ACT concerning government. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Freedom of Information Act is amended by 5 changing Sections 2 and 7 as follows: 6 (5 ILCS 140/2) (from Ch. 116, par. 202) 7 Sec. 2. Definitions. As used in this Act: 8 (a) "Public body" means all legislative, executive, 9 administrative, or advisory bodies of the State, state 10 universities and colleges, counties, townships, cities, 11 villages, incorporated towns, school districts and all other 12 municipal corporations, boards, bureaus, committees, or 13 commissions of this State, any subsidiary bodies of any of the 14 foregoing including but not limited to committees and 15 subcommittees thereof, and a School Finance Authority created 16 under Article 1E of the School Code. "Public body" does not 17 include a child death review team or the Illinois Child Death 18 Review Teams Executive Council established under the Child 19 Death Review Team Act, or a regional youth advisory board or 20 the Statewide Youth Advisory Board established under the 21 Department of Children and Family Services Statewide Youth 22 Advisory Board Act. 23 (b) "Person" means any individual, corporation, 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2888 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: 5 ILCS 140/2 from Ch. 116, par. 202 5 ILCS 140/7 5 ILCS 140/2 from Ch. 116, par. 202 5 ILCS 140/7 5 ILCS 140/2 from Ch. 116, par. 202 5 ILCS 140/7 Amends the Freedom of Information Act. Modifies the definition of "private information" by providing that medical records include electronic medical records and the information contained within or extracted from an electronic medical records system operated or maintained by a Health Insurance Portability and Accountability Act covered entity. Exempts from disclosure all protected health information that may be contained within or extracted from any record held by a covered entity, including information that alone or compiled or under circumstances in which the patient information combined with other information could allow for patient identification, in compliance with the Health Insurance Portability and Accountability Act. LRB103 26149 AWJ 52506 b LRB103 26149 AWJ 52506 b LRB103 26149 AWJ 52506 b A BILL FOR 5 ILCS 140/2 from Ch. 116, par. 202 5 ILCS 140/7 LRB103 26149 AWJ 52506 b HB2888 LRB103 26149 AWJ 52506 b HB2888- 2 -LRB103 26149 AWJ 52506 b HB2888 - 2 - LRB103 26149 AWJ 52506 b HB2888 - 2 - LRB103 26149 AWJ 52506 b 1 partnership, firm, organization or association, acting 2 individually or as a group. 3 (c) "Public records" means all records, reports, forms, 4 writings, letters, memoranda, books, papers, maps, 5 photographs, microfilms, cards, tapes, recordings, electronic 6 data processing records, electronic communications, recorded 7 information and all other documentary materials pertaining to 8 the transaction of public business, regardless of physical 9 form or characteristics, having been prepared by or for, or 10 having been or being used by, received by, in the possession 11 of, or under the control of any public body. 12 (c-5) "Private information" means unique identifiers, 13 including a person's social security number, driver's license 14 number, employee identification number, biometric identifiers, 15 personal financial information, passwords or other access 16 codes, medical records (including electronic medical records 17 and the information contained within or extracted from an 18 electronic medical records system operated or maintained by a 19 Health Insurance Portability and Accountability Act (HIPAA) 20 covered entity, as defined at 45 CFR 160.103, including 21 information that alone or compiled, or under circumstances in 22 which the patient information combined with other information 23 could allow for patient identification, in compliance with 24 State and federal medical privacy laws and regulations, 25 including, but not limited to, HIPAA and its regulations under 26 45 CFR Parts 160 and 164), home or personal telephone numbers, HB2888 - 2 - LRB103 26149 AWJ 52506 b HB2888- 3 -LRB103 26149 AWJ 52506 b HB2888 - 3 - LRB103 26149 AWJ 52506 b HB2888 - 3 - LRB103 26149 AWJ 52506 b 1 and personal email addresses. Private information also 2 includes home address and personal license plates, except as 3 otherwise provided by law or when compiled without possibility 4 of attribution to any person. 5 (c-10) "Commercial purpose" means the use of any part of a 6 public record or records, or information derived from public 7 records, in any form for sale, resale, or solicitation or 8 advertisement for sales or services. For purposes of this 9 definition, requests made by news media and non-profit, 10 scientific, or academic organizations shall not be considered 11 to be made for a "commercial purpose" when the principal 12 purpose of the request is (i) to access and disseminate 13 information concerning news and current or passing events, 14 (ii) for articles of opinion or features of interest to the 15 public, or (iii) for the purpose of academic, scientific, or 16 public research or education. 17 (d) "Copying" means the reproduction of any public record 18 by means of any photographic, electronic, mechanical or other 19 process, device or means now known or hereafter developed and 20 available to the public body. 21 (e) "Head of the public body" means the president, mayor, 22 chairman, presiding officer, director, superintendent, 23 manager, supervisor or individual otherwise holding primary 24 executive and administrative authority for the public body, or 25 such person's duly authorized designee. 26 (f) "News media" means a newspaper or other periodical HB2888 - 3 - LRB103 26149 AWJ 52506 b HB2888- 4 -LRB103 26149 AWJ 52506 b HB2888 - 4 - LRB103 26149 AWJ 52506 b HB2888 - 4 - LRB103 26149 AWJ 52506 b 1 issued at regular intervals whether in print or electronic 2 format, a news service whether in print or electronic format, 3 a radio station, a television station, a television network, a 4 community antenna television service, or a person or 5 corporation engaged in making news reels or other motion 6 picture news for public showing. 7 (g) "Recurrent requester", as used in Section 3.2 of this 8 Act, means a person that, in the 12 months immediately 9 preceding the request, has submitted to the same public body 10 (i) a minimum of 50 requests for records, (ii) a minimum of 15 11 requests for records within a 30-day period, or (iii) a 12 minimum of 7 requests for records within a 7-day period. For 13 purposes of this definition, requests made by news media and 14 non-profit, scientific, or academic organizations shall not be 15 considered in calculating the number of requests made in the 16 time periods in this definition when the principal purpose of 17 the requests is (i) to access and disseminate information 18 concerning news and current or passing events, (ii) for 19 articles of opinion or features of interest to the public, or 20 (iii) for the purpose of academic, scientific, or public 21 research or education. 22 For the purposes of this subsection (g), "request" means a 23 written document (or oral request, if the public body chooses 24 to honor oral requests) that is submitted to a public body via 25 personal delivery, mail, telefax, electronic mail, or other 26 means available to the public body and that identifies the HB2888 - 4 - LRB103 26149 AWJ 52506 b HB2888- 5 -LRB103 26149 AWJ 52506 b HB2888 - 5 - LRB103 26149 AWJ 52506 b HB2888 - 5 - LRB103 26149 AWJ 52506 b 1 particular public record the requester seeks. One request may 2 identify multiple records to be inspected or copied. 3 (h) "Voluminous request" means a request that: (i) 4 includes more than 5 individual requests for more than 5 5 different categories of records or a combination of individual 6 requests that total requests for more than 5 different 7 categories of records in a period of 20 business days; or (ii) 8 requires the compilation of more than 500 letter or 9 legal-sized pages of public records unless a single requested 10 record exceeds 500 pages. "Single requested record" may 11 include, but is not limited to, one report, form, e-mail, 12 letter, memorandum, book, map, microfilm, tape, or recording. 13 "Voluminous request" does not include a request made by 14 news media and non-profit, scientific, or academic 15 organizations if the principal purpose of the request is: (1) 16 to access and disseminate information concerning news and 17 current or passing events; (2) for articles of opinion or 18 features of interest to the public; or (3) for the purpose of 19 academic, scientific, or public research or education. 20 For the purposes of this subsection (h), "request" means a 21 written document, or oral request, if the public body chooses 22 to honor oral requests, that is submitted to a public body via 23 personal delivery, mail, telefax, electronic mail, or other 24 means available to the public body and that identifies the 25 particular public record or records the requester seeks. One 26 request may identify multiple individual records to be HB2888 - 5 - LRB103 26149 AWJ 52506 b HB2888- 6 -LRB103 26149 AWJ 52506 b HB2888 - 6 - LRB103 26149 AWJ 52506 b HB2888 - 6 - LRB103 26149 AWJ 52506 b 1 inspected or copied. 2 (i) "Severance agreement" means a mutual agreement between 3 any public body and its employee for the employee's 4 resignation in exchange for payment by the public body. 5 (Source: P.A. 98-806, eff. 1-1-15; 98-1129, eff. 12-3-14; 6 99-78, eff. 7-20-15; 99-478, eff. 6-1-16.) 7 (5 ILCS 140/7) 8 (Text of Section before amendment by P.A. 102-982) 9 Sec. 7. Exemptions. 10 (1) When a request is made to inspect or copy a public 11 record that contains information that is exempt from 12 disclosure under this Section, but also contains information 13 that is not exempt from disclosure, the public body may elect 14 to redact the information that is exempt. The public body 15 shall make the remaining information available for inspection 16 and copying. Subject to this requirement, the following shall 17 be exempt from inspection and copying: 18 (a) Information specifically prohibited from 19 disclosure by federal or State law or rules and 20 regulations implementing federal or State law. 21 (b) Private information, unless disclosure is required 22 by another provision of this Act, a State or federal law, 23 or a court order. 24 (b-5) Files, documents, and other data or databases 25 maintained by one or more law enforcement agencies and HB2888 - 6 - LRB103 26149 AWJ 52506 b HB2888- 7 -LRB103 26149 AWJ 52506 b HB2888 - 7 - LRB103 26149 AWJ 52506 b HB2888 - 7 - LRB103 26149 AWJ 52506 b 1 specifically designed to provide information to one or 2 more law enforcement agencies regarding the physical or 3 mental status of one or more individual subjects. 4 (c) Personal information contained within public 5 records, the disclosure of which would constitute a 6 clearly unwarranted invasion of personal privacy, unless 7 the disclosure is consented to in writing by the 8 individual subjects of the information. "Unwarranted 9 invasion of personal privacy" means the disclosure of 10 information that is highly personal or objectionable to a 11 reasonable person and in which the subject's right to 12 privacy outweighs any legitimate public interest in 13 obtaining the information. The disclosure of information 14 that bears on the public duties of public employees and 15 officials shall not be considered an invasion of personal 16 privacy. 17 (d) Records in the possession of any public body 18 created in the course of administrative enforcement 19 proceedings, and any law enforcement or correctional 20 agency for law enforcement purposes, but only to the 21 extent that disclosure would: 22 (i) interfere with pending or actually and 23 reasonably contemplated law enforcement proceedings 24 conducted by any law enforcement or correctional 25 agency that is the recipient of the request; 26 (ii) interfere with active administrative HB2888 - 7 - LRB103 26149 AWJ 52506 b HB2888- 8 -LRB103 26149 AWJ 52506 b HB2888 - 8 - LRB103 26149 AWJ 52506 b HB2888 - 8 - LRB103 26149 AWJ 52506 b 1 enforcement proceedings conducted by the public body 2 that is the recipient of the request; 3 (iii) create a substantial likelihood that a 4 person will be deprived of a fair trial or an impartial 5 hearing; 6 (iv) unavoidably disclose the identity of a 7 confidential source, confidential information 8 furnished only by the confidential source, or persons 9 who file complaints with or provide information to 10 administrative, investigative, law enforcement, or 11 penal agencies; except that the identities of 12 witnesses to traffic accidents, traffic accident 13 reports, and rescue reports shall be provided by 14 agencies of local government, except when disclosure 15 would interfere with an active criminal investigation 16 conducted by the agency that is the recipient of the 17 request; 18 (v) disclose unique or specialized investigative 19 techniques other than those generally used and known 20 or disclose internal documents of correctional 21 agencies related to detection, observation, or 22 investigation of incidents of crime or misconduct, and 23 disclosure would result in demonstrable harm to the 24 agency or public body that is the recipient of the 25 request; 26 (vi) endanger the life or physical safety of law HB2888 - 8 - LRB103 26149 AWJ 52506 b HB2888- 9 -LRB103 26149 AWJ 52506 b HB2888 - 9 - LRB103 26149 AWJ 52506 b HB2888 - 9 - LRB103 26149 AWJ 52506 b 1 enforcement personnel or any other person; or 2 (vii) obstruct an ongoing criminal investigation 3 by the agency that is the recipient of the request. 4 (d-5) A law enforcement record created for law 5 enforcement purposes and contained in a shared electronic 6 record management system if the law enforcement agency 7 that is the recipient of the request did not create the 8 record, did not participate in or have a role in any of the 9 events which are the subject of the record, and only has 10 access to the record through the shared electronic record 11 management system. 12 (d-6) Records contained in the Officer Professional 13 Conduct Database under Section 9.2 of the Illinois Police 14 Training Act, except to the extent authorized under that 15 Section. This includes the documents supplied to the 16 Illinois Law Enforcement Training Standards Board from the 17 Illinois State Police and Illinois State Police Merit 18 Board. 19 (e) Records that relate to or affect the security of 20 correctional institutions and detention facilities. 21 (e-5) Records requested by persons committed to the 22 Department of Corrections, Department of Human Services 23 Division of Mental Health, or a county jail if those 24 materials are available in the library of the correctional 25 institution or facility or jail where the inmate is 26 confined. HB2888 - 9 - LRB103 26149 AWJ 52506 b HB2888- 10 -LRB103 26149 AWJ 52506 b HB2888 - 10 - LRB103 26149 AWJ 52506 b HB2888 - 10 - LRB103 26149 AWJ 52506 b 1 (e-6) Records requested by persons committed to the 2 Department of Corrections, Department of Human Services 3 Division of Mental Health, or a county jail if those 4 materials include records from staff members' personnel 5 files, staff rosters, or other staffing assignment 6 information. 7 (e-7) Records requested by persons committed to the 8 Department of Corrections or Department of Human Services 9 Division of Mental Health if those materials are available 10 through an administrative request to the Department of 11 Corrections or Department of Human Services Division of 12 Mental Health. 13 (e-8) Records requested by a person committed to the 14 Department of Corrections, Department of Human Services 15 Division of Mental Health, or a county jail, the 16 disclosure of which would result in the risk of harm to any 17 person or the risk of an escape from a jail or correctional 18 institution or facility. 19 (e-9) Records requested by a person in a county jail 20 or committed to the Department of Corrections or 21 Department of Human Services Division of Mental Health, 22 containing personal information pertaining to the person's 23 victim or the victim's family, including, but not limited 24 to, a victim's home address, home telephone number, work 25 or school address, work telephone number, social security 26 number, or any other identifying information, except as HB2888 - 10 - LRB103 26149 AWJ 52506 b HB2888- 11 -LRB103 26149 AWJ 52506 b HB2888 - 11 - LRB103 26149 AWJ 52506 b HB2888 - 11 - LRB103 26149 AWJ 52506 b 1 may be relevant to a requester's current or potential case 2 or claim. 3 (e-10) Law enforcement records of other persons 4 requested by a person committed to the Department of 5 Corrections, Department of Human Services Division of 6 Mental Health, or a county jail, including, but not 7 limited to, arrest and booking records, mug shots, and 8 crime scene photographs, except as these records may be 9 relevant to the requester's current or potential case or 10 claim. 11 (f) Preliminary drafts, notes, recommendations, 12 memoranda, and other records in which opinions are 13 expressed, or policies or actions are formulated, except 14 that a specific record or relevant portion of a record 15 shall not be exempt when the record is publicly cited and 16 identified by the head of the public body. The exemption 17 provided in this paragraph (f) extends to all those 18 records of officers and agencies of the General Assembly 19 that pertain to the preparation of legislative documents. 20 (g) Trade secrets and commercial or financial 21 information obtained from a person or business where the 22 trade secrets or commercial or financial information are 23 furnished under a claim that they are proprietary, 24 privileged, or confidential, and that disclosure of the 25 trade secrets or commercial or financial information would 26 cause competitive harm to the person or business, and only HB2888 - 11 - LRB103 26149 AWJ 52506 b HB2888- 12 -LRB103 26149 AWJ 52506 b HB2888 - 12 - LRB103 26149 AWJ 52506 b HB2888 - 12 - LRB103 26149 AWJ 52506 b 1 insofar as the claim directly applies to the records 2 requested. 3 The information included under this exemption includes 4 all trade secrets and commercial or financial information 5 obtained by a public body, including a public pension 6 fund, from a private equity fund or a privately held 7 company within the investment portfolio of a private 8 equity fund as a result of either investing or evaluating 9 a potential investment of public funds in a private equity 10 fund. The exemption contained in this item does not apply 11 to the aggregate financial performance information of a 12 private equity fund, nor to the identity of the fund's 13 managers or general partners. The exemption contained in 14 this item does not apply to the identity of a privately 15 held company within the investment portfolio of a private 16 equity fund, unless the disclosure of the identity of a 17 privately held company may cause competitive harm. 18 Nothing contained in this paragraph (g) shall be 19 construed to prevent a person or business from consenting 20 to disclosure. 21 (h) Proposals and bids for any contract, grant, or 22 agreement, including information which if it were 23 disclosed would frustrate procurement or give an advantage 24 to any person proposing to enter into a contractor 25 agreement with the body, until an award or final selection 26 is made. Information prepared by or for the body in HB2888 - 12 - LRB103 26149 AWJ 52506 b HB2888- 13 -LRB103 26149 AWJ 52506 b HB2888 - 13 - LRB103 26149 AWJ 52506 b HB2888 - 13 - LRB103 26149 AWJ 52506 b 1 preparation of a bid solicitation shall be exempt until an 2 award or final selection is made. 3 (i) Valuable formulae, computer geographic systems, 4 designs, drawings, and research data obtained or produced 5 by any public body when disclosure could reasonably be 6 expected to produce private gain or public loss. The 7 exemption for "computer geographic systems" provided in 8 this paragraph (i) does not extend to requests made by 9 news media as defined in Section 2 of this Act when the 10 requested information is not otherwise exempt and the only 11 purpose of the request is to access and disseminate 12 information regarding the health, safety, welfare, or 13 legal rights of the general public. 14 (j) The following information pertaining to 15 educational matters: 16 (i) test questions, scoring keys, and other 17 examination data used to administer an academic 18 examination; 19 (ii) information received by a primary or 20 secondary school, college, or university under its 21 procedures for the evaluation of faculty members by 22 their academic peers; 23 (iii) information concerning a school or 24 university's adjudication of student disciplinary 25 cases, but only to the extent that disclosure would 26 unavoidably reveal the identity of the student; and HB2888 - 13 - LRB103 26149 AWJ 52506 b HB2888- 14 -LRB103 26149 AWJ 52506 b HB2888 - 14 - LRB103 26149 AWJ 52506 b HB2888 - 14 - LRB103 26149 AWJ 52506 b 1 (iv) course materials or research materials used 2 by faculty members. 3 (k) Architects' plans, engineers' technical 4 submissions, and other construction related technical 5 documents for projects not constructed or developed in 6 whole or in part with public funds and the same for 7 projects constructed or developed with public funds, 8 including, but not limited to, power generating and 9 distribution stations and other transmission and 10 distribution facilities, water treatment facilities, 11 airport facilities, sport stadiums, convention centers, 12 and all government owned, operated, or occupied buildings, 13 but only to the extent that disclosure would compromise 14 security. 15 (l) Minutes of meetings of public bodies closed to the 16 public as provided in the Open Meetings Act until the 17 public body makes the minutes available to the public 18 under Section 2.06 of the Open Meetings Act. 19 (m) Communications between a public body and an 20 attorney or auditor representing the public body that 21 would not be subject to discovery in litigation, and 22 materials prepared or compiled by or for a public body in 23 anticipation of a criminal, civil, or administrative 24 proceeding upon the request of an attorney advising the 25 public body, and materials prepared or compiled with 26 respect to internal audits of public bodies. HB2888 - 14 - LRB103 26149 AWJ 52506 b HB2888- 15 -LRB103 26149 AWJ 52506 b HB2888 - 15 - LRB103 26149 AWJ 52506 b HB2888 - 15 - LRB103 26149 AWJ 52506 b 1 (n) Records relating to a public body's adjudication 2 of employee grievances or disciplinary cases; however, 3 this exemption shall not extend to the final outcome of 4 cases in which discipline is imposed. 5 (o) Administrative or technical information associated 6 with automated data processing operations, including, but 7 not limited to, software, operating protocols, computer 8 program abstracts, file layouts, source listings, object 9 modules, load modules, user guides, documentation 10 pertaining to all logical and physical design of 11 computerized systems, employee manuals, and any other 12 information that, if disclosed, would jeopardize the 13 security of the system or its data or the security of 14 materials exempt under this Section. 15 (p) Records relating to collective negotiating matters 16 between public bodies and their employees or 17 representatives, except that any final contract or 18 agreement shall be subject to inspection and copying. 19 (q) Test questions, scoring keys, and other 20 examination data used to determine the qualifications of 21 an applicant for a license or employment. 22 (r) The records, documents, and information relating 23 to real estate purchase negotiations until those 24 negotiations have been completed or otherwise terminated. 25 With regard to a parcel involved in a pending or actually 26 and reasonably contemplated eminent domain proceeding HB2888 - 15 - LRB103 26149 AWJ 52506 b HB2888- 16 -LRB103 26149 AWJ 52506 b HB2888 - 16 - LRB103 26149 AWJ 52506 b HB2888 - 16 - LRB103 26149 AWJ 52506 b 1 under the Eminent Domain Act, records, documents, and 2 information relating to that parcel shall be exempt except 3 as may be allowed under discovery rules adopted by the 4 Illinois Supreme Court. The records, documents, and 5 information relating to a real estate sale shall be exempt 6 until a sale is consummated. 7 (s) Any and all proprietary information and records 8 related to the operation of an intergovernmental risk 9 management association or self-insurance pool or jointly 10 self-administered health and accident cooperative or pool. 11 Insurance or self-insurance self insurance (including any 12 intergovernmental risk management association or 13 self-insurance self insurance pool) claims, loss or risk 14 management information, records, data, advice, or 15 communications. 16 (t) Information contained in or related to 17 examination, operating, or condition reports prepared by, 18 on behalf of, or for the use of a public body responsible 19 for the regulation or supervision of financial 20 institutions, insurance companies, or pharmacy benefit 21 managers, unless disclosure is otherwise required by State 22 law. 23 (u) Information that would disclose or might lead to 24 the disclosure of secret or confidential information, 25 codes, algorithms, programs, or private keys intended to 26 be used to create electronic signatures under the Uniform HB2888 - 16 - LRB103 26149 AWJ 52506 b HB2888- 17 -LRB103 26149 AWJ 52506 b HB2888 - 17 - LRB103 26149 AWJ 52506 b HB2888 - 17 - LRB103 26149 AWJ 52506 b 1 Electronic Transactions Act. 2 (v) Vulnerability assessments, security measures, and 3 response policies or plans that are designed to identify, 4 prevent, or respond to potential attacks upon a 5 community's population or systems, facilities, or 6 installations, but only to the extent that disclosure 7 could reasonably be expected to expose the vulnerability 8 or jeopardize the effectiveness of the measures, policies, 9 or plans, or the safety of the personnel who implement 10 them or the public. Information exempt under this item may 11 include such things as details pertaining to the 12 mobilization or deployment of personnel or equipment, to 13 the operation of communication systems or protocols, to 14 cybersecurity vulnerabilities, or to tactical operations. 15 (w) (Blank). 16 (x) Maps and other records regarding the location or 17 security of generation, transmission, distribution, 18 storage, gathering, treatment, or switching facilities 19 owned by a utility, by a power generator, or by the 20 Illinois Power Agency. 21 (y) Information contained in or related to proposals, 22 bids, or negotiations related to electric power 23 procurement under Section 1-75 of the Illinois Power 24 Agency Act and Section 16-111.5 of the Public Utilities 25 Act that is determined to be confidential and proprietary 26 by the Illinois Power Agency or by the Illinois Commerce HB2888 - 17 - LRB103 26149 AWJ 52506 b HB2888- 18 -LRB103 26149 AWJ 52506 b HB2888 - 18 - LRB103 26149 AWJ 52506 b HB2888 - 18 - LRB103 26149 AWJ 52506 b 1 Commission. 2 (z) Information about students exempted from 3 disclosure under Section Sections 10-20.38 or 34-18.29 of 4 the School Code, and information about undergraduate 5 students enrolled at an institution of higher education 6 exempted from disclosure under Section 25 of the Illinois 7 Credit Card Marketing Act of 2009. 8 (aa) Information the disclosure of which is exempted 9 under the Viatical Settlements Act of 2009. 10 (bb) Records and information provided to a mortality 11 review team and records maintained by a mortality review 12 team appointed under the Department of Juvenile Justice 13 Mortality Review Team Act. 14 (cc) Information regarding interments, entombments, or 15 inurnments of human remains that are submitted to the 16 Cemetery Oversight Database under the Cemetery Care Act or 17 the Cemetery Oversight Act, whichever is applicable. 18 (dd) Correspondence and records (i) that may not be 19 disclosed under Section 11-9 of the Illinois Public Aid 20 Code or (ii) that pertain to appeals under Section 11-8 of 21 the Illinois Public Aid Code. 22 (ee) The names, addresses, or other personal 23 information of persons who are minors and are also 24 participants and registrants in programs of park 25 districts, forest preserve districts, conservation 26 districts, recreation agencies, and special recreation HB2888 - 18 - LRB103 26149 AWJ 52506 b HB2888- 19 -LRB103 26149 AWJ 52506 b HB2888 - 19 - LRB103 26149 AWJ 52506 b HB2888 - 19 - LRB103 26149 AWJ 52506 b 1 associations. 2 (ff) The names, addresses, or other personal 3 information of participants and registrants in programs of 4 park districts, forest preserve districts, conservation 5 districts, recreation agencies, and special recreation 6 associations where such programs are targeted primarily to 7 minors. 8 (gg) Confidential information described in Section 9 1-100 of the Illinois Independent Tax Tribunal Act of 10 2012. 11 (hh) The report submitted to the State Board of 12 Education by the School Security and Standards Task Force 13 under item (8) of subsection (d) of Section 2-3.160 of the 14 School Code and any information contained in that report. 15 (ii) Records requested by persons committed to or 16 detained by the Department of Human Services under the 17 Sexually Violent Persons Commitment Act or committed to 18 the Department of Corrections under the Sexually Dangerous 19 Persons Act if those materials: (i) are available in the 20 library of the facility where the individual is confined; 21 (ii) include records from staff members' personnel files, 22 staff rosters, or other staffing assignment information; 23 or (iii) are available through an administrative request 24 to the Department of Human Services or the Department of 25 Corrections. 26 (jj) Confidential information described in Section HB2888 - 19 - LRB103 26149 AWJ 52506 b HB2888- 20 -LRB103 26149 AWJ 52506 b HB2888 - 20 - LRB103 26149 AWJ 52506 b HB2888 - 20 - LRB103 26149 AWJ 52506 b 1 5-535 of the Civil Administrative Code of Illinois. 2 (kk) The public body's credit card numbers, debit card 3 numbers, bank account numbers, Federal Employer 4 Identification Number, security code numbers, passwords, 5 and similar account information, the disclosure of which 6 could result in identity theft or impression or defrauding 7 of a governmental entity or a person. 8 (ll) Records concerning the work of the threat 9 assessment team of a school district, including, but not 10 limited to, any threat assessment procedure under the 11 School Safety Drill Act and any information contained in 12 the procedure. 13 (mm) Information prohibited from being disclosed under 14 subsections (a) and (b) of Section 15 of the Student 15 Confidential Reporting Act. 16 (nn) (mm) Proprietary information submitted to the 17 Environmental Protection Agency under the Drug Take-Back 18 Act. 19 (oo) (mm) Records described in subsection (f) of 20 Section 3-5-1 of the Unified Code of Corrections. 21 (1.5) Any information exempt from disclosure under the 22 Judicial Privacy Act shall be redacted from public records 23 prior to disclosure under this Act. 24 (2) A public record that is not in the possession of a 25 public body but is in the possession of a party with whom the 26 agency has contracted to perform a governmental function on HB2888 - 20 - LRB103 26149 AWJ 52506 b HB2888- 21 -LRB103 26149 AWJ 52506 b HB2888 - 21 - LRB103 26149 AWJ 52506 b HB2888 - 21 - LRB103 26149 AWJ 52506 b 1 behalf of the public body, and that directly relates to the 2 governmental function and is not otherwise exempt under this 3 Act, shall be considered a public record of the public body, 4 for purposes of this Act. 5 (3) This Section does not authorize withholding of 6 information or limit the availability of records to the 7 public, except as stated in this Section or otherwise provided 8 in this Act. 9 (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; 10 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. 11 6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752, 12 eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23; 13 102-791, eff. 5-13-22; 102-1055, eff. 6-10-22; revised 14 12-13-22.) 15 (Text of Section after amendment by P.A. 102-982) 16 Sec. 7. Exemptions. 17 (1) When a request is made to inspect or copy a public 18 record that contains information that is exempt from 19 disclosure under this Section, but also contains information 20 that is not exempt from disclosure, the public body may elect 21 to redact the information that is exempt. The public body 22 shall make the remaining information available for inspection 23 and copying. Subject to this requirement, the following shall 24 be exempt from inspection and copying: 25 (a) Information specifically prohibited from HB2888 - 21 - LRB103 26149 AWJ 52506 b HB2888- 22 -LRB103 26149 AWJ 52506 b HB2888 - 22 - LRB103 26149 AWJ 52506 b HB2888 - 22 - LRB103 26149 AWJ 52506 b 1 disclosure by federal or State law or rules and 2 regulations implementing federal or State law. 3 (b) Private information, unless disclosure is required 4 by another provision of this Act, a State or federal law, 5 or a court order. 6 (b-5) Files, documents, and other data or databases 7 maintained by one or more law enforcement agencies and 8 specifically designed to provide information to one or 9 more law enforcement agencies regarding the physical or 10 mental status of one or more individual subjects. 11 (c) Personal information contained within public 12 records, the disclosure of which would constitute a 13 clearly unwarranted invasion of personal privacy, unless 14 the disclosure is consented to in writing by the 15 individual subjects of the information. "Unwarranted 16 invasion of personal privacy" means the disclosure of 17 information that is highly personal or objectionable to a 18 reasonable person and in which the subject's right to 19 privacy outweighs any legitimate public interest in 20 obtaining the information. The disclosure of information 21 that bears on the public duties of public employees and 22 officials shall not be considered an invasion of personal 23 privacy. 24 (d) Records in the possession of any public body 25 created in the course of administrative enforcement 26 proceedings, and any law enforcement or correctional HB2888 - 22 - LRB103 26149 AWJ 52506 b HB2888- 23 -LRB103 26149 AWJ 52506 b HB2888 - 23 - LRB103 26149 AWJ 52506 b HB2888 - 23 - LRB103 26149 AWJ 52506 b 1 agency for law enforcement purposes, but only to the 2 extent that disclosure would: 3 (i) interfere with pending or actually and 4 reasonably contemplated law enforcement proceedings 5 conducted by any law enforcement or correctional 6 agency that is the recipient of the request; 7 (ii) interfere with active administrative 8 enforcement proceedings conducted by the public body 9 that is the recipient of the request; 10 (iii) create a substantial likelihood that a 11 person will be deprived of a fair trial or an impartial 12 hearing; 13 (iv) unavoidably disclose the identity of a 14 confidential source, confidential information 15 furnished only by the confidential source, or persons 16 who file complaints with or provide information to 17 administrative, investigative, law enforcement, or 18 penal agencies; except that the identities of 19 witnesses to traffic crashes, traffic crash reports, 20 and rescue reports shall be provided by agencies of 21 local government, except when disclosure would 22 interfere with an active criminal investigation 23 conducted by the agency that is the recipient of the 24 request; 25 (v) disclose unique or specialized investigative 26 techniques other than those generally used and known HB2888 - 23 - LRB103 26149 AWJ 52506 b HB2888- 24 -LRB103 26149 AWJ 52506 b HB2888 - 24 - LRB103 26149 AWJ 52506 b HB2888 - 24 - LRB103 26149 AWJ 52506 b 1 or disclose internal documents of correctional 2 agencies related to detection, observation, or 3 investigation of incidents of crime or misconduct, and 4 disclosure would result in demonstrable harm to the 5 agency or public body that is the recipient of the 6 request; 7 (vi) endanger the life or physical safety of law 8 enforcement personnel or any other person; or 9 (vii) obstruct an ongoing criminal investigation 10 by the agency that is the recipient of the request. 11 (d-5) A law enforcement record created for law 12 enforcement purposes and contained in a shared electronic 13 record management system if the law enforcement agency 14 that is the recipient of the request did not create the 15 record, did not participate in or have a role in any of the 16 events which are the subject of the record, and only has 17 access to the record through the shared electronic record 18 management system. 19 (d-6) Records contained in the Officer Professional 20 Conduct Database under Section 9.2 of the Illinois Police 21 Training Act, except to the extent authorized under that 22 Section. This includes the documents supplied to the 23 Illinois Law Enforcement Training Standards Board from the 24 Illinois State Police and Illinois State Police Merit 25 Board. 26 (e) Records that relate to or affect the security of HB2888 - 24 - LRB103 26149 AWJ 52506 b HB2888- 25 -LRB103 26149 AWJ 52506 b HB2888 - 25 - LRB103 26149 AWJ 52506 b HB2888 - 25 - LRB103 26149 AWJ 52506 b 1 correctional institutions and detention facilities. 2 (e-5) Records requested by persons committed to the 3 Department of Corrections, Department of Human Services 4 Division of Mental Health, or a county jail if those 5 materials are available in the library of the correctional 6 institution or facility or jail where the inmate is 7 confined. 8 (e-6) Records requested by persons committed to the 9 Department of Corrections, Department of Human Services 10 Division of Mental Health, or a county jail if those 11 materials include records from staff members' personnel 12 files, staff rosters, or other staffing assignment 13 information. 14 (e-7) Records requested by persons committed to the 15 Department of Corrections or Department of Human Services 16 Division of Mental Health if those materials are available 17 through an administrative request to the Department of 18 Corrections or Department of Human Services Division of 19 Mental Health. 20 (e-8) Records requested by a person committed to the 21 Department of Corrections, Department of Human Services 22 Division of Mental Health, or a county jail, the 23 disclosure of which would result in the risk of harm to any 24 person or the risk of an escape from a jail or correctional 25 institution or facility. 26 (e-9) Records requested by a person in a county jail HB2888 - 25 - LRB103 26149 AWJ 52506 b HB2888- 26 -LRB103 26149 AWJ 52506 b HB2888 - 26 - LRB103 26149 AWJ 52506 b HB2888 - 26 - LRB103 26149 AWJ 52506 b 1 or committed to the Department of Corrections or 2 Department of Human Services Division of Mental Health, 3 containing personal information pertaining to the person's 4 victim or the victim's family, including, but not limited 5 to, a victim's home address, home telephone number, work 6 or school address, work telephone number, social security 7 number, or any other identifying information, except as 8 may be relevant to a requester's current or potential case 9 or claim. 10 (e-10) Law enforcement records of other persons 11 requested by a person committed to the Department of 12 Corrections, Department of Human Services Division of 13 Mental Health, or a county jail, including, but not 14 limited to, arrest and booking records, mug shots, and 15 crime scene photographs, except as these records may be 16 relevant to the requester's current or potential case or 17 claim. 18 (f) Preliminary drafts, notes, recommendations, 19 memoranda, and other records in which opinions are 20 expressed, or policies or actions are formulated, except 21 that a specific record or relevant portion of a record 22 shall not be exempt when the record is publicly cited and 23 identified by the head of the public body. The exemption 24 provided in this paragraph (f) extends to all those 25 records of officers and agencies of the General Assembly 26 that pertain to the preparation of legislative documents. HB2888 - 26 - LRB103 26149 AWJ 52506 b HB2888- 27 -LRB103 26149 AWJ 52506 b HB2888 - 27 - LRB103 26149 AWJ 52506 b HB2888 - 27 - LRB103 26149 AWJ 52506 b 1 (g) Trade secrets and commercial or financial 2 information obtained from a person or business where the 3 trade secrets or commercial or financial information are 4 furnished under a claim that they are proprietary, 5 privileged, or confidential, and that disclosure of the 6 trade secrets or commercial or financial information would 7 cause competitive harm to the person or business, and only 8 insofar as the claim directly applies to the records 9 requested. 10 The information included under this exemption includes 11 all trade secrets and commercial or financial information 12 obtained by a public body, including a public pension 13 fund, from a private equity fund or a privately held 14 company within the investment portfolio of a private 15 equity fund as a result of either investing or evaluating 16 a potential investment of public funds in a private equity 17 fund. The exemption contained in this item does not apply 18 to the aggregate financial performance information of a 19 private equity fund, nor to the identity of the fund's 20 managers or general partners. The exemption contained in 21 this item does not apply to the identity of a privately 22 held company within the investment portfolio of a private 23 equity fund, unless the disclosure of the identity of a 24 privately held company may cause competitive harm. 25 Nothing contained in this paragraph (g) shall be 26 construed to prevent a person or business from consenting HB2888 - 27 - LRB103 26149 AWJ 52506 b HB2888- 28 -LRB103 26149 AWJ 52506 b HB2888 - 28 - LRB103 26149 AWJ 52506 b HB2888 - 28 - LRB103 26149 AWJ 52506 b 1 to disclosure. 2 (h) Proposals and bids for any contract, grant, or 3 agreement, including information which if it were 4 disclosed would frustrate procurement or give an advantage 5 to any person proposing to enter into a contractor 6 agreement with the body, until an award or final selection 7 is made. Information prepared by or for the body in 8 preparation of a bid solicitation shall be exempt until an 9 award or final selection is made. 10 (i) Valuable formulae, computer geographic systems, 11 designs, drawings, and research data obtained or produced 12 by any public body when disclosure could reasonably be 13 expected to produce private gain or public loss. The 14 exemption for "computer geographic systems" provided in 15 this paragraph (i) does not extend to requests made by 16 news media as defined in Section 2 of this Act when the 17 requested information is not otherwise exempt and the only 18 purpose of the request is to access and disseminate 19 information regarding the health, safety, welfare, or 20 legal rights of the general public. 21 (j) The following information pertaining to 22 educational matters: 23 (i) test questions, scoring keys, and other 24 examination data used to administer an academic 25 examination; 26 (ii) information received by a primary or HB2888 - 28 - LRB103 26149 AWJ 52506 b HB2888- 29 -LRB103 26149 AWJ 52506 b HB2888 - 29 - LRB103 26149 AWJ 52506 b HB2888 - 29 - LRB103 26149 AWJ 52506 b 1 secondary school, college, or university under its 2 procedures for the evaluation of faculty members by 3 their academic peers; 4 (iii) information concerning a school or 5 university's adjudication of student disciplinary 6 cases, but only to the extent that disclosure would 7 unavoidably reveal the identity of the student; and 8 (iv) course materials or research materials used 9 by faculty members. 10 (k) Architects' plans, engineers' technical 11 submissions, and other construction related technical 12 documents for projects not constructed or developed in 13 whole or in part with public funds and the same for 14 projects constructed or developed with public funds, 15 including, but not limited to, power generating and 16 distribution stations and other transmission and 17 distribution facilities, water treatment facilities, 18 airport facilities, sport stadiums, convention centers, 19 and all government owned, operated, or occupied buildings, 20 but only to the extent that disclosure would compromise 21 security. 22 (l) Minutes of meetings of public bodies closed to the 23 public as provided in the Open Meetings Act until the 24 public body makes the minutes available to the public 25 under Section 2.06 of the Open Meetings Act. 26 (m) Communications between a public body and an HB2888 - 29 - LRB103 26149 AWJ 52506 b HB2888- 30 -LRB103 26149 AWJ 52506 b HB2888 - 30 - LRB103 26149 AWJ 52506 b HB2888 - 30 - LRB103 26149 AWJ 52506 b 1 attorney or auditor representing the public body that 2 would not be subject to discovery in litigation, and 3 materials prepared or compiled by or for a public body in 4 anticipation of a criminal, civil, or administrative 5 proceeding upon the request of an attorney advising the 6 public body, and materials prepared or compiled with 7 respect to internal audits of public bodies. 8 (n) Records relating to a public body's adjudication 9 of employee grievances or disciplinary cases; however, 10 this exemption shall not extend to the final outcome of 11 cases in which discipline is imposed. 12 (o) Administrative or technical information associated 13 with automated data processing operations, including, but 14 not limited to, software, operating protocols, computer 15 program abstracts, file layouts, source listings, object 16 modules, load modules, user guides, documentation 17 pertaining to all logical and physical design of 18 computerized systems, employee manuals, and any other 19 information that, if disclosed, would jeopardize the 20 security of the system or its data or the security of 21 materials exempt under this Section. 22 (p) Records relating to collective negotiating matters 23 between public bodies and their employees or 24 representatives, except that any final contract or 25 agreement shall be subject to inspection and copying. 26 (q) Test questions, scoring keys, and other HB2888 - 30 - LRB103 26149 AWJ 52506 b HB2888- 31 -LRB103 26149 AWJ 52506 b HB2888 - 31 - LRB103 26149 AWJ 52506 b HB2888 - 31 - LRB103 26149 AWJ 52506 b 1 examination data used to determine the qualifications of 2 an applicant for a license or employment. 3 (r) The records, documents, and information relating 4 to real estate purchase negotiations until those 5 negotiations have been completed or otherwise terminated. 6 With regard to a parcel involved in a pending or actually 7 and reasonably contemplated eminent domain proceeding 8 under the Eminent Domain Act, records, documents, and 9 information relating to that parcel shall be exempt except 10 as may be allowed under discovery rules adopted by the 11 Illinois Supreme Court. The records, documents, and 12 information relating to a real estate sale shall be exempt 13 until a sale is consummated. 14 (s) Any and all proprietary information and records 15 related to the operation of an intergovernmental risk 16 management association or self-insurance pool or jointly 17 self-administered health and accident cooperative or pool. 18 Insurance or self-insurance self insurance (including any 19 intergovernmental risk management association or 20 self-insurance self insurance pool) claims, loss or risk 21 management information, records, data, advice, or 22 communications. 23 (t) Information contained in or related to 24 examination, operating, or condition reports prepared by, 25 on behalf of, or for the use of a public body responsible 26 for the regulation or supervision of financial HB2888 - 31 - LRB103 26149 AWJ 52506 b HB2888- 32 -LRB103 26149 AWJ 52506 b HB2888 - 32 - LRB103 26149 AWJ 52506 b HB2888 - 32 - LRB103 26149 AWJ 52506 b 1 institutions, insurance companies, or pharmacy benefit 2 managers, unless disclosure is otherwise required by State 3 law. 4 (u) Information that would disclose or might lead to 5 the disclosure of secret or confidential information, 6 codes, algorithms, programs, or private keys intended to 7 be used to create electronic signatures under the Uniform 8 Electronic Transactions Act. 9 (v) Vulnerability assessments, security measures, and 10 response policies or plans that are designed to identify, 11 prevent, or respond to potential attacks upon a 12 community's population or systems, facilities, or 13 installations, but only to the extent that disclosure 14 could reasonably be expected to expose the vulnerability 15 or jeopardize the effectiveness of the measures, policies, 16 or plans, or the safety of the personnel who implement 17 them or the public. Information exempt under this item may 18 include such things as details pertaining to the 19 mobilization or deployment of personnel or equipment, to 20 the operation of communication systems or protocols, to 21 cybersecurity vulnerabilities, or to tactical operations. 22 (w) (Blank). 23 (x) Maps and other records regarding the location or 24 security of generation, transmission, distribution, 25 storage, gathering, treatment, or switching facilities 26 owned by a utility, by a power generator, or by the HB2888 - 32 - LRB103 26149 AWJ 52506 b HB2888- 33 -LRB103 26149 AWJ 52506 b HB2888 - 33 - LRB103 26149 AWJ 52506 b HB2888 - 33 - LRB103 26149 AWJ 52506 b 1 Illinois Power Agency. 2 (y) Information contained in or related to proposals, 3 bids, or negotiations related to electric power 4 procurement under Section 1-75 of the Illinois Power 5 Agency Act and Section 16-111.5 of the Public Utilities 6 Act that is determined to be confidential and proprietary 7 by the Illinois Power Agency or by the Illinois Commerce 8 Commission. 9 (z) Information about students exempted from 10 disclosure under Section Sections 10-20.38 or 34-18.29 of 11 the School Code, and information about undergraduate 12 students enrolled at an institution of higher education 13 exempted from disclosure under Section 25 of the Illinois 14 Credit Card Marketing Act of 2009. 15 (aa) Information the disclosure of which is exempted 16 under the Viatical Settlements Act of 2009. 17 (bb) Records and information provided to a mortality 18 review team and records maintained by a mortality review 19 team appointed under the Department of Juvenile Justice 20 Mortality Review Team Act. 21 (cc) Information regarding interments, entombments, or 22 inurnments of human remains that are submitted to the 23 Cemetery Oversight Database under the Cemetery Care Act or 24 the Cemetery Oversight Act, whichever is applicable. 25 (dd) Correspondence and records (i) that may not be 26 disclosed under Section 11-9 of the Illinois Public Aid HB2888 - 33 - LRB103 26149 AWJ 52506 b HB2888- 34 -LRB103 26149 AWJ 52506 b HB2888 - 34 - LRB103 26149 AWJ 52506 b HB2888 - 34 - LRB103 26149 AWJ 52506 b 1 Code or (ii) that pertain to appeals under Section 11-8 of 2 the Illinois Public Aid Code. 3 (ee) The names, addresses, or other personal 4 information of persons who are minors and are also 5 participants and registrants in programs of park 6 districts, forest preserve districts, conservation 7 districts, recreation agencies, and special recreation 8 associations. 9 (ff) The names, addresses, or other personal 10 information of participants and registrants in programs of 11 park districts, forest preserve districts, conservation 12 districts, recreation agencies, and special recreation 13 associations where such programs are targeted primarily to 14 minors. 15 (gg) Confidential information described in Section 16 1-100 of the Illinois Independent Tax Tribunal Act of 17 2012. 18 (hh) The report submitted to the State Board of 19 Education by the School Security and Standards Task Force 20 under item (8) of subsection (d) of Section 2-3.160 of the 21 School Code and any information contained in that report. 22 (ii) Records requested by persons committed to or 23 detained by the Department of Human Services under the 24 Sexually Violent Persons Commitment Act or committed to 25 the Department of Corrections under the Sexually Dangerous 26 Persons Act if those materials: (i) are available in the HB2888 - 34 - LRB103 26149 AWJ 52506 b HB2888- 35 -LRB103 26149 AWJ 52506 b HB2888 - 35 - LRB103 26149 AWJ 52506 b HB2888 - 35 - LRB103 26149 AWJ 52506 b 1 library of the facility where the individual is confined; 2 (ii) include records from staff members' personnel files, 3 staff rosters, or other staffing assignment information; 4 or (iii) are available through an administrative request 5 to the Department of Human Services or the Department of 6 Corrections. 7 (jj) Confidential information described in Section 8 5-535 of the Civil Administrative Code of Illinois. 9 (kk) The public body's credit card numbers, debit card 10 numbers, bank account numbers, Federal Employer 11 Identification Number, security code numbers, passwords, 12 and similar account information, the disclosure of which 13 could result in identity theft or impression or defrauding 14 of a governmental entity or a person. 15 (ll) Records concerning the work of the threat 16 assessment team of a school district, including, but not 17 limited to, any threat assessment procedure under the 18 School Safety Drill Act and any information contained in 19 the procedure. 20 (mm) Information prohibited from being disclosed under 21 subsections (a) and (b) of Section 15 of the Student 22 Confidential Reporting Act. 23 (nn) (mm) Proprietary information submitted to the 24 Environmental Protection Agency under the Drug Take-Back 25 Act. 26 (oo) (mm) Records described in subsection (f) of HB2888 - 35 - LRB103 26149 AWJ 52506 b HB2888- 36 -LRB103 26149 AWJ 52506 b HB2888 - 36 - LRB103 26149 AWJ 52506 b HB2888 - 36 - LRB103 26149 AWJ 52506 b 1 Section 3-5-1 of the Unified Code of Corrections. 2 (pp) All protected health information, as defined by 3 45 CFR 16.103, that may be contained within or extracted 4 from any record held by a covered entity, as defined by 45 5 CFR 160.103, including information that alone or compiled 6 or under circumstances in which the patient information 7 combined with other information could allow for patient 8 identification, in compliance with the Health Insurance 9 Portability and Accountability Act. 10 (1.5) Any information exempt from disclosure under the 11 Judicial Privacy Act shall be redacted from public records 12 prior to disclosure under this Act. 13 (2) A public record that is not in the possession of a 14 public body but is in the possession of a party with whom the 15 agency has contracted to perform a governmental function on 16 behalf of the public body, and that directly relates to the 17 governmental function and is not otherwise exempt under this 18 Act, shall be considered a public record of the public body, 19 for purposes of this Act. 20 (3) This Section does not authorize withholding of 21 information or limit the availability of records to the 22 public, except as stated in this Section or otherwise provided 23 in this Act. 24 (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; 25 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. 26 6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752, HB2888 - 36 - LRB103 26149 AWJ 52506 b HB2888- 37 -LRB103 26149 AWJ 52506 b HB2888 - 37 - LRB103 26149 AWJ 52506 b HB2888 - 37 - LRB103 26149 AWJ 52506 b 1 eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23; 2 102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff. 3 6-10-22; revised 12-13-22.) 4 Section 95. No acceleration or delay. Where this Act makes 5 changes in a statute that is represented in this Act by text 6 that is not yet or no longer in effect (for example, a Section 7 represented by multiple versions), the use of that text does 8 not accelerate or delay the taking effect of (i) the changes 9 made by this Act or (ii) provisions derived from any other 10 Public Act. HB2888 - 37 - LRB103 26149 AWJ 52506 b